California Francise Tax Board had court issue garnishment of

Resolved Question:

California Francise Tax Board had court issue garnishment of my pension accounts with HSBC in New York City, claiming I owe them $14,182.54 from wages in 1992. I was not a California resident at that time but may have income from American President Lines located in Oakland, California. I received a total of $3,765 monthly between XXXXX XXXXXcock Annuity (my union pension fund) and social security. I have been a retired seaman here in Thailand since November, 1993. HSBC has issued a LGL document on 9/25/12 and docked my account the sum of $100.00. What is your advice? I had contacted the CFTB this morning and requested they provide me with the company I worked for. I was not a resident of Californian in 1992. They were unable to provide me with that information. I was requested to call them on Thursday, Wednesday their time.

My research has shown that they cannot granish social security or my XXXXX XXXXXcock Annuity pension benefits. In addition statue of limitations is 10 years. They are going back 20 years.Those two pension checks are the only income I have being deposited into my HSBC accounts. NOTHING ELSE!

Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.

Thank you for your question. First, the statute of limitations starts ticking when tax is assessed. That means that if you never filed a California tax return, the statute is unlimited. Once they assessed the tax liability, then they have 10 years to collect from the date the tax is assessed.

If you were simply working for an employer that was from California in 1992, and did not actually physically do any work inside the state, then you wouldn't be liable for the tax. If you were in California temporarily and did work, even though you weren't a resident you will be taxed on the wages you earned while in California temporarily.

Also, California law protects your private pension from creditors both before and after distribution. This is regardless if your pension is 'qualified' or 'not qualified.' Of course, there are exceptions, but that's the federal government, and child support/alimony obligations. CLICK HERE to read about it.

If the state is improperly garnishing your pension and social security, I would suggest contacting an attorney in California to send a letter to the FTB informing them that their actions are improper. You can call and deal with them on your own, but they might listen to an attorney better.

** Please take a moment to rate my response as "Excellent" so that I may be compensated for assisting you today. Please let me know if my assistance was anything less than "OK Service", as I am compensated based on whether or not I have assisted you with your issue. If you need further clarifications, PLEASE WAIT TO XXXXX ANSWER UNTIL AFTER RECEIVING FOLLOW UP FROM ME. If I receive anything less than OK Service, I do not get paid, but the Web site will still collect your payment. Thank you for your kind understanding in this matter. If you have difficulties rating, then simply respond stating that you are having difficulties rating and thank me for my excellent, good, or ok service and we can get the rating applied by the site**

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. OrvilleHesperia, California

Ask a Tax Professional

Get a Professional Answer. 100% Satisfaction Guaranteed.

82 Tax Professionals are Online Now

Type Your Tax Question Here...

characters left:

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.